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Terms and conditions
1. General provisions
1.1. These Online Store Terms and Conditions (the "Terms and Conditions") are a legal document binding upon the Buyer and the Seller (the "Seller") and defines the rights and obligations of the Parties, the terms and conditions of purchase, payment, delivery and return of the goods, as well as other terms and conditions relating to the purchase and sale of the goods in the Online Store.
These rules are drafted by the Civil Code of the Republic of Lithuania, the Law on Consumer Protection of the Republic of Lithuania, the Directive on Electronic Commerce and by-laws.
1.2. A buyer for the purposes of these Terms and Conditions is a person who has registered and is only buying or placing an order in an online store.
Buyers agree to these Terms by registered web site / buyer (placing an order) from Excavators-parts.com
You can buy in the e-shop if you are:
1.2.1. active natural person, i.e. a person of legal age, whose legal capacity is not restricted by court order;
1.2.2. a minor between the ages of 14 (fourteen) and 18 (eighteen) with the consent of his parents or guardians, unless he is emancipated or has his own income;
1.2.3. legal person;
1.2.4. duly authorized representatives of all of the above.
1.3. By registering or placing an order, the Buyer unconditionally confirms that he has the right to make purchases at the online store.
1.4. Seller reserves the right to change, amend or supplement these Terms and Conditions at any time. The Buyer shall be informed about the changes in the Terms and Conditions on the website of excavators-parts.com. The changes will take effect from the time of publication for all post-trade transactions, therefore, it is recommended that the Buyer familiarize himself / herself with the Terms and Conditions during each shopping.
1.5. The Buyer confirms the Terms and Conditions by checking them and ticking the checkbox next to the statement "I have read and accept the rules of Excavators-parts.com” Approved Terms and Conditions are the binding legal document which sets out the rights and obligations of the buyer and seller, the conditions of purchase and payment for the goods, the delivery and return procedure, the parties' liability and other terms and conditions relating to the purchase and sale of goods at Excavators-parts.com
1.6. By creating an account at Excavators-parts.com, the Buyer confirms the terms at the first registration. After the Buyer approves Terms and Conditions during the first registration (account creation), a long-term purchase and sale agreement is entered into between the Buyer and the Seller. The Terms and Conditions approved at the first registration shall be made available to all purchasers prior to the publication of the updated Terms and Conditions. Updated information about the Terms and Conditions can be found on Excavators-parts.com.
1.7. The seller is exempted from any responsibilities if the Buyer has not, in part or in full, become acquainted with the Terms and Conditions, even though he has been given such opportunity.
1.8. The Buyer must read the Privacy Policy, which is approved and made public by the Privacy Policy. The Buyer express Consent or disagreement with specific uses of Buyer Personal Data following the Privacy Policy.
2. Protection of personal data
2.1. Before making a purchase (when placing an order) and before registering on the web site Excavators-parts.com, the Buyer must provide the data required for registration or ordering.
2.2. By accepting these Terms and Conditions, the Buyer agrees that he will get notifications in e-mail
By accepting these Terms and Conditions, the buyer agrees that his email will be used for sending necessary notifications to complete the order, payment and delivery of the goods.
2.3. The Buyer must also provide his personal data (name, surname, delivery address, telephone number) necessary for the purchase, delivery, and payment of the goods.
2.4. By signing up, the Buyer enable the Seller to collect, store, systematize, use and manage all personal data which Buyer provide directly on indirectly by registering and visiting online store for purposes set forth in these Terms and Conditions.
2.5. Personal data provided by the Buyer will be processed by the requirements of the Law on Legal Protection of Personal Data of the Republic of Lithuania, as well as other legal acts of the Republic of Lithuania regulating the processing and protection of such data. By managing and storing Buyer's personal data, Seller will implement organizational and technical measures that will ensure the protection of personal data from accidental or illegal destruction, alteration, disclosure, as well as from any other illegal managing.
2.4. The personal data provided by the Buyer will be used exclusively by the Seller and its partners with whom the Seller cooperates in the administration of the e-shop, delivery of goods and / or other services related to the placing or fulfillment of the Buyer's order. The Seller will not disclose the Buyer's personal data to third parties, except for the partners mentioned above or default cases in the legal acts of the Republic of Lithuania.
3. Purchase and sale agreement
3.1. The Purchase and Sale Agreement is made between the Buyer and the Seller, when Buyer forms and places an order for goods in the e-shop by clicking on the "ORDER" link.
3.2. When the Purchase and Sale Agreement is made between the Buyer and the Seller, the assortment of goods, their quantity, price, delivery time and other conditions are specified at the time of the Buyer's order and are compulsory for Seller and Buyer and can be changed only following these Terms and Conditions.
3.3. Purchase and sale contracts are registered and stored in Excavators-parts.com
database.
4. Buyer rights
4.1. The Buyer has the right to purchase the goods in Excavators-parts.com online shop by these Terms and Conditions.
4.2. The Buyer has the right to refuse the contract of sale of goods made in the e-shop, but Buyer has to notify the Seller in writing no later than 14 (fourteen) calendar days from the date of delivery of the item.
4.3. The Buyer’s right specified in point 4.2 is fulfill by Article 6.22810 part 1 of the Civil Code of the Republic of Lithuania.
4.4. The Buyer’s right specified in point 4.2, Buyer can use if the item has not been damaged or has not substantially changed its appearance, as well as if it has not been used.
4.5. Canceling or adjusting the ordered and formed Shopping Cart is not possible.
5. Seller rights
5.1. If the Buyer attempts in any way to damage the operation of the online store, data security or violates other obligations of the Buyer mentioned in clause 6, then the Seller has the right to restrict access to the online store Excavators-parts.com
5.2. If the Buyer fails to contact the Seller within the specified term by chosen method of delivery, although the buyer has prepaid for the good, the order is canceled and returned to Excavators-parts.com
6. Buyer’s commitments
6.1. The Buyer must pay for purchased goods and accept them by the procedure outlined in these Terms and Conditions.
6.2. If the Buyer refuses to accept the goods at the time of delivery without important reason, Buyer has to cover the expenses of returning the goods if the Seller requires.
6.3. The Buyer commits to protect and not transfer the login data of the online store Excavators-parts.com to the third parties. If Buyer loses his login details, he must immediately notify Excavators-parts.com.
The Seller is not responsible for the actions of third parties using the Buyer's login data until the moment of notification and the possibility for the web store administrator to change the Buyer's login data. In this case, Excavators-parts.com have the right to believe that the Buyer has acted on the Online Store.
6.4. Excavators-parts.com Buyers must follow the Terms and Conditions which are clearly stated in the Online Store Information sections and must comply with the law of the Republic of Lithuania.
7. Seller's commitments
7.1. The Seller commits to make available online store services, which operating conditions is established by these Terms and Conditions and other conditions published in Excavators-parts.com
7.2. The Seller commits to deliver the goods purchased by the Buyer in the way chosen by the Buyer, in the terms and conditions outlined in these Rules. The Seller commits to deliver the goods purchased by the Buyer and deliver them in the way chosen by the Buyer, by the terms and conditions outlined in these Rules.
7.3. The Seller commits to respect Buyer's privacy right to personal information belonging to him.
7.4. If, due to unforeseen circumstances, the Seller is unable to deliver the item purchased at Excavators-parts.com, the Seller has the right to terminate the Purchase and Sale Agreement without prior notice to the Buyer. The seller may offer a similar item. If the Buyer refuses, the Seller commits to refund the money paid within 5 working days.
7.5. After the Buyer has used the right provided in 4.2. point of these Terms and Conditions and when there is clause provided in 4.4. point of these Terms and Conditions, the Seller commits to refund the money paid to the Buyer within 7 (seven) days from the date the returned goods are delivered to the Seller.
7.6. The Seller may not refund the amount paid to the Buyer until the goods have been returned to the Seller or until the Buyer provides proof that the goods have been sent to the Seller, whichever occurs first.
7.7. The Seller commits to provide information established in Article 6.2287 of the Civil Code of the Republic of Lithuania to the Buyer in an easy and understandable way.
8. Prices of goods
8.1. The prices of goods in the online shop and the order form Excavators-parts.com are indicated in the currency of the country. The seller is a VAT payer. VAT is included in the price, after the order is confirmed the delivery fee is added to the total amount of the goods.
8.2. Retail (discounted) prices displayed on the Web Store are provided by the vendors or official distributors of the goods being sold. Reduced cost of goods are the manufacturer's recommended retail selling prices which are sold at the direct sales points of the sellers, showrooms, and stores.
9. Ordering and payment for goods
9.1. After visiting the e-shop, the buyer selects the goods he likes, based on which the shopping cart is formed. After the shopping cart has been formed, the Buyer shall enter the data necessary for the delivery and purchase of the selected goods: his name, address where the goods will be delivered, telephone and any additional information that may be relevant for the delivery of the ordered goods.
9.2. The order must be transfer for further execution only from the moment of payment by Paysera or Paypal, contract is accomplished when the Buyer's payment is received.
9.3. The customer can pay for the goods in one of the ways and conditions provided by the e-shop:
9.3.1. Credit cards or Paypal transfers;
9.4. Prices of goods in the online shop and in the final order window are given in euros with VAT.
10. Delivery of goods
10.1. When ordering goods, the buyer must choose the delivery service and specify the exact delivery address.
10.2. The buyer must accept the goods himself. If the Buyer cannot accept the goods but the goods have been delivered to the address specified by the Buyer, The Buyer has no right to express pretenses about delivered goods to the wrong person.
10.3. The Seller delivers the goods to the Buyer in accordance with the terms specified in the product descriptions. These terms are preliminary and, also, do not apply in cases where the Seller does not have the required goods in stock and the Buyer is informed of the lack of ordered goods. By becoming acquainted with these Terms, the Buyer agrees that, in exceptional cases, the delivery of goods may be delayed due to force majeure beyond the Seller's control.
10.4. Goods delivered to the customer:
Through DPD Courier Service *
* Shipping prices are subject to change based on current partner offers. In the event of cancellation of the contract of sale (i.e., returning the item), we will decide to refund the cost of delivery of the item by legal requirements. As provided in Article 6.22811 part 3 of the Civil Code of the Republic of Lithuania, the Seller is not required to return additional costs to the buyer which results from the Buyer’s clear choice to choose another delivery method instead of the cheapest standard delivery method offered by the entrepreneur.
Delivery charge per order.
The buyer will see the exact amount of the delivery charge before confirming the order. There will be no change in the delivery charge after order confirmation.
10.5. The Seller is not responsible for violation of the terms of goods delivery if the goods are not delivered to the Buyer or are not delivered on time due to the fault of third parties unrelated to the Seller or due to circumstances dependent on the Buyer.
Delivery terms are given in the product descriptions. They are preliminary and subject to change.
10.6. After receiving the goods buyer with his authorized representative must check the condition of the shipment (whether the outer packaging is undamaged) and sign an invoice, the bill of lading or other delivery document. Upon receipt and signed of the invoice, delivery note or other delivery and acceptance document by the Purchaser, the shipment considered as delivered in the proper condition.
If Buyer notice that the shipment package is damaged (wrinkled, wet or otherwise externally damaged), the Buyer must note this on the invoice, delivery note or other delivery and acceptance document and write a free-form shipment infringement report in the presence of a sales representative.
If Buyer does not follow the rules, the Seller is not responsible for damaged goods if the cause of such damage is not factory defective, and for discrepancies of good’s sets, where such discrepancies can be detected by visual inspection of the goods. If Buyer accepts and notices discrepancy of the goods, factory defect or other defects of the goods, Buyer has to inform the Seller immediately (not later than within 24 hours from receipt of the consignment). When Buyer’s complaint about poor quality of goods is confirmed and when Buyer returns poor quality goods The Seller commits to return the money for the item within 14 (fourteen) days, together with the return costs.
10.7. Features of all goods are specified in items descriptions. The Seller is not responsible for the fact that the color, shape or other parameters of the items in the online store may not match the actual size, shape and color of the items due to the characteristics of the monitor used by the Buyer;
10.8. If Buyer renounces the contract of sale of goods the Seller refunds the paid amount to the Buyer including delivery costs. However as provided in the Civil Code of the Republic of Lithuania in Article 6.22811 part 3, the Seller is not required to return additional costs to the buyer which results from the Buyer’s clear choice to choose another delivery method instead of the cheapest standard delivery method offered by the entrepreneur.
11. Return of goods
11.1 Quality goods can be returned within 14 days of receipt of the goods.
Sold poor quality goods disadvantages are eliminated, poor quality goods are exchanged and return by following the Civil Code of the Republic of Lithuania and the “Rules of Retail Trade” approved by the resolution of the Government of the Republic of Lithuania.
11.2. To return item (s) following by 11.1. point, the Buyer must complete a return document.
11.3. Returns must comply with the following conditions:
11.3.1. The returned item must be in its original neat packaging (this item does not apply in case of returning a poor quality item);
11.3.2. Item must not be damaged by Buyer;
11.3.3. The item must be unused without loss of appearance: unbroken labels, unopened protective films, etc. (this item does not apply in the case of return of defective goods);
11.3.4. The returned item must be in the same set as received by the Buyer (this item does not apply in case of return of a defective item);
11.3.5. When returning the item, it is necessary to present the document of purchase, the guarantee voucher (if issued) and the completed return document;
11.3.6. The Seller has the right to refuse to accept the goods returned by the Buyer if the conditions for the return are not followed.
If the wrong goods have been delivered to the Buyer, the Buyer must immediately, but not later than within 7 (seven) business days, inform the Seller about it. The seller, at his own expense, commits to pick up such goods and replace them with suitable goods. If Seller does not have the ordered goods, he refunds Seller the money amount paid for the item.
The money will be refunded to the Buyer within 14 (fourteen) calendar days after when the Seller has received a notice of cancellation of the contract, and if the item has not been returned to the Seller by the Buyer, the above term shall be counted from the date of return of the Item to the Seller.
11.3.7. Return service is available:
via DPD courier (service - arrival of DPD courier, picking up the shipment at the address specified by the Buyer and delivery Excavators-parts.com).
11.3.8. Returns of goods execute in the manner specified by the Seller within 14 (fourteen) days of receipt of the goods (this point does not apply in the case of defective goods, in which case the goods are returned within statutory warranty period);
11.4. The return and replacement of goods of suitable quality executed by following Article 6.22810 part 1 of the Civil Code. When a buyer returns a quality item, the cost of returning it will be deducted from the refund amount. In this case, if the defective product is returned, the cost of returning the product shall be borne by the Seller.
11.5. The money paid for items wich Buyers accepted but later returned, are returned into a Buyers bank account no later than 7 (seven) days from the date of return of the goods to the Seller unless the Seller and the Buyer agree otherwise.
The Seller is not responsible for outstanding or late order for returned goods if Buyer submits incorrect data for refund.
12. Exchange of information
12.1. The Seller informs the Buyer by using the e-mail provided in his registration form. The Buyer can use all communication channels listed in the "CONTACTS" section of the web site Excavators-parts.com.
13. Responsibility
13.1. The Buyer is responsible for correct data in registration form. If the buyer provide incorrect data in registration form, the Seller is not responsible for any consequences and qualify to require compensation for the direct losses.
13.2. The Buyer is fully responsible for his actions taken when registering with Excavators-parts.com.
13.3. The Buyer is responsible for the data security of his registration. If the registration data is used by a third party, it will be considered as a Buyer.
13.4. The Seller is not responsible in all cases where the loss arises from the fact that the Buyer, without regard to the Seller's recommendations and his obligations, has not become acquainted with these Terms and Conditions (although he has been given such opportunity).
13.5. If damage is done, the guilty party must indemnify losses to other party.
14. The marketing measures applied by the seller
14.1. The Seller may execute, change or terminate various types of promotions and terms.
14.2. If Buyer agrees that he will get notifications (newsletter) about Excavators-parts.com promotions and offers in email specified by Buyer, Buyer has to tick the box during registration. Unless the Buyer requests, the Seller will not use the Buyer's personal data for marketing purposes and will not send the Buyer any promotional or informational messages, except as necessary to fulfill the Buyer's order.
14.3. If Buyer does not wish to receive offers or wish to change newsletter subscription settings, Buyer can do that by logging in to account. Unless the Buyer requests, the Seller will not use the Buyer's personal data for marketing purposes and will not send the Buyer any promotional or informational messages, except as necessary to fulfill the Buyer's order.
15. Final Provisions
15.1. These Terms and Conditions are formed by legislation of the Republic of Lithuania.
15.2. These Terms and Conditions and relations between the parties are interpreted to rely on legislation of the Republic of Lithuania.
15.3. All disagreements about Terms and Conditions enforcement are resolved by negotiation. If Buyer and Seller can not find a consensus then disputes are solved by Lithuania law.
15.4. The Parties are relieved of their obligations under these Terms and Conditions if obligations can not be fulfilled due to unforeseen circumstances beyond the control of the Parties, which include:
fire, explosion, storm and other natural disasters, as well as natural forces that prevent or delay the fulfillment of obligations;
an event or circumstance that is beyond the control of the parties of contract and which prevents the fulfillment of the obligations assumed or delays enforcement.
Government actions that prevent or delay the fulfillment of obligations.
You can submit a request / complaint to the State Consumer Rights Protection Agency (Vilniaus g. 25, 01402 Vilnius, e-mail: [email protected], tel. 852626751, website www.vvtat.lt, its territorial units vvtat.lt/index.php?470187665) or fill out the application form on the EGS platform http://ec.europa.eu/odr/, but before that you have to contact us.